Resolving Your Differences through Alternative Means

If you have come to the conclusion that your marriage cannot be saved, you can seek to settle your disputes in court. However, divorce litigation is typically costly, both financially and emotionally. If you have minor children involved, or if you want or need to maintain a positive relationship with your ex-spouse, you may want to consider other alternatives.

Divorce Mediation

In the mediation process, you work with a third party whose task is to help you find a mutually beneficial solution to all your differences. The mediator is neutral and does not represent either party. The mediator typically does not take testimony from witnesses, although both parties to the divorce have an opportunity to tell their story. The mediator does not make decisions about such issues as custody, visitation, support and property distribution, but helps the parties work together to identify and implement an outcome that is in everyone’s best interests. If you resolve all your differences, the mediator may help you put together an agreement that is enforceable in court.

There are many benefits to divorce mediation. First, because you have to work cooperatively to find solutions, mediation can allow you to maintain a positive relationship moving forward. Because you don’t have to get on the court’s docket, and don’t typically have to engage in discovery (gathering and sharing evidence), the mediation process can be completed much faster than litigation. Unlike litigation or even arbitration, you get to participate fully in the decision-making. You can make suggestions regarding how your differences will be resolved, and can always reject an offer from your ex-spouse. In most instances, the mediation process will be less expensive than other forms of dispute resolution.

The Arbitration Process

Arbitration can look similar to mediation, but has significant differences. In arbitration, you work with a third party, but the third party is typically someone with an extensive understanding of divorce and family law. The arbitrator performs a role similar to that of a judge, considering evidence and making rulings regarding how custody and visitation will work, whether there will be spousal support (and how much will be paid), and how marital debts and assets will be divided.

The arbitration process still offers significant advantages over divorce litigation. In most instances, you will be able to complete the arbitration process far more quickly than you will be able to resolve matters in court. Arbitration can be binding or non-binding. If it is non-binding, you have the right to reject the ruling of the arbitrator, and can still seek to resolve your dispute in court.

Contact Taylor & Boguski

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Failure to Diagnose and Treat Nursing Home Injuries

In today’s world, where more and more people are living longer, and the demand for nursing home care continues to rise, the risk of injury to nursing home residents has become a serious issue. Many nursing homes are understaffed, or have employees who lack adequate skills or training. A resident can suffer a serious injury that may not be noticed by caregivers, resulting in unnecessary pain and suffering, complications, and even an early death.

Failure to Diagnose a Nursing Home Injury

The failure to diagnose a nursing home injury can stem from a variety of reasons:

  • The nursing home may not have adequate staffing—The residents in a nursing home often need regular monitoring and care to either minimize the risk of injury, or to quickly respond to injury. Understaffing can lead to serious problems. An aide may neglect to put up rails or other safety devices. They may not be able to.
  • The nursing home may have inadequate procedures for identifying injury or illness—Many residents in nursing homes are either incapable of communicating the nature of an injury, or unwilling to make an issue of an injury. Without proper procedures in place, a resident may be able to mask an injury for a significant period of time.
  • The nursing home may have poorly trained employees, or employees who lack the skills to diagnose an injury or illness—An employee may lack the skills to recognize different types of conditions, such as bed sores, infections or the signs of dehydration or malnutrition.
  • A caregiver may try to play down a serious injury to protect themselves—If a caregiver believes that they may get in trouble if an injury is discovered, they may attempt to persuade the resident that the injury is not serious, or does not need further attention.

Negligence in Treating a Nursing Home Injury

Once an injury has been diagnosed, a nursing home employee may still be careless in treating it. The employee may neglect to seek the appropriate medical care for the resident, or to bring in a nurse or doctor, when called for. If medication is prescribed because of the injury or illness, the failure to monitor the resident’s dosage, and to make certain that proper medications are taken at the right times can also be the basis for a personal injury claim.

Contact Taylor & Boguski

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.